CONFIDENTIAL

5.

I also raised the question whether it would conceivably be possible nevertheless to use the powers conferred by paragraph 2(3) or paragraph 3 to amend the Immigration Act in such a way as to confer a right of abode on holders of the new status. It was agreed that this would be an unexpected use of the powers conferred by those paragraphs and that the vires of any such Order would be open to question. No such Order could therefore safely be made.

Finally Counsel asked if we could give him by the end of this week a draft Explanatory Memorandum to be printed together with the Bill.

6.

J. Bunows

F Burrows

12 December 1984

Copies to:

Sir J Freeland, LA

Mr Fifoot, LA

Mr Powell, HKD

Mr Hoare, HKD

Mr Hill, LA

Mr Pakenham-Walsh, HO

Legal Counsellor

CONFIDENTIAL

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